Hardik Pandya-Natasha Stankovic Divorce Rumours: Expert On Validity Of Pre-Nuptial Agreements In India

Hardik Pandya-Natasha Stankovic Divorce Rumours: Over the past few days, the rumours surrounding popular Indian cricketer Hardik Pandya and Serbian model Natasha Stankovic’s marriage have taken the internet by storm. There have been speculations on the state of their wedding and divorce rumours have been doing the rounds too. Among other things, what added fuel to the fire was Natasha’s now-deleted post on Instagram Stories which reportedly read: “Someone is about to get on the streets”. It was also been rumoured that as part of the divorce settlement, Natasha has claimed 70 per cent of the star cricketer’s property. However, neither Natasha nor Hardik Pandya have made any official statements – be it on the divorce or the purported settlement terms.

While several social media users started trolling either party about these alleged settlement terms, many started commenting whatever the cause of the alleged rift, Hardik should not be having to part with the majority of his wealth (going by settlement rumours). This has brought the focus on the legal standing of pre-nuptial agreements in India. Advocate Shradha Karol, who practises at the Supreme Court, Himachal Pradesh High Court and Delhi High Court, gives her inputs on the legality of pre-nuptial agreements.

Are Pre-Nuptial Agreements Legal In India?
Advocate Shradha Karol on Pre-nuptial agreements in India:

“Pre-nuptial agreements are not recognised in India. The Hindu Marriage Act 1955, which includes Hindus, Sikhs, Jains, and Buddhists, treats marriage as a sacrament and not a contract and thus enforceability of any agreement, such as a pre-nuptial agreement, is not recognised. Muslim and Christian Laws also don’t recognise pre-nuptial agreements.

In the case of the Special Marriage Act, where the marriage is solemnised between two parties of different religions, the marriage is a civil contract; in that case, though a pre-nuptial agreement does not recognise the same, at best, would have a persuasive value.

here are various provisions under which the wife can claim maintenance in India. However, Section 24 of the Hindu Marriage Act is a gender-neutral section where any spouse can file for alimony depending upon each spouse’s asset and liability condition. The Hon’ble Courts have recognised this right for an abled man who cannot genuinely maintain himself.